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[This review of a recent film, “Court”, reveals the fundamental injustice of the Indian “judicial” system, and especially the systemic suppression of political opponents with laws created during British colonialism that were designed to suppress anti-colonial movements. It must be noted , however, that the New York Times readily and arrogantly publishes critiques of other countries, but ignores near-identical systemic injustices in the American system and in many other US-allied countries. — Frontlines ed.]

“Court” — NYT Critics’ Pick

The wheels of justice grind slowly and mercilessly in “Court,” Chaitanya Tamhane’s quiet, devastating critique of the antiquated Indian legal system. As it follows the case of Narayan Kamble (Vira Sathidar), a 65-year-old folk singer and social activist accused of inciting what is presumed to be the suicide of a sewer worker in Mumbai, the film conjures an absurdist nightmare of bureaucratic incompetence, indifference and social inequity.

Narayan is first seen teaching children Indian geography in a crowded Mumbai classroom, then hurrying to board a bus that takes him to an outdoor theater where he is introduced to a small crowd as “the people’s poet.” Backed by a troupe of musicians, he sings a forceful song urging everyone to rise up against “religious, racist, casteist and nationalist jungles.” Midway through, Narayan is arrested.

The remainder of the movie observes his protracted trial. A travesty of justice that another filmmaker might have directed as a farce, the work has a gravity, a measured pace and a detachment reminiscent of a Frederick Wiseman documentary — “Court,” however, is fictional. Continue reading →

Kobad Ghandy, the 68-year-old undertrial lodged in Tihar Jail here, called off his hunger strike on Friday soon after a court ordered the jail authorities to provide him easier access to basic facilities and adequate health care.

Poetry is an open secret That destroys the disquiet Stirring in my heart. It reaches in a trice Those it is meant to reach. Suddenly the ones who need to, Will understand. Rising in my thoughts, It inspires movements. The secret is, My poetry was born From the pangs of struggle. Cover it if you must – You will see it escape through The spaces of your fingers, Its vibrant, anguished notes Snapping in anger, Setting tears on fire And flowing forth – A river of blood-red syllables.

–Varavara Rao

Varavara Rao is a communist, activist, naxalite sympathiser,renowned poet, journalist, literary critic, and public speaker from Telangana, India. He has been writing poetry for the last four decades.

[The Indian state, thoroughly repressive toward over 90% of the people in India, has often claimed, since being “granted” independence by the British Empire, that it is democratic, even “the world’s largest democracy.” This claim is belied by the brutal displacement and oppression of the majority of the people–the adivasis, dalits, the peasantry, the women of the oppressed castes and classes, Muslims, political opponents of the neo-colonial, semi-feudal state and their imperialist masters, and the Maoists (and all other opponents loosely, and falsely, labelled “Maoists”). As the opposition continues to grow against the oppressive police state, the contradiction with the democratic myth has grown sharply, infecting even the ranks of the repressive judiary. The rebellious people will carefully study how these “democratic dissidents in high places” will be dealt with by the repressive “powers-that-be”. — Frontlines ed.]

Person can’t be taken into custody just because he is a Maoist, Kerala HC rules

Justice AM Muhammed Mushtaq said that a Maoist can be arrested and put behind the bars only if he or she indulges in unlawful or anti-national activities.

KOCHI: In a significant development, the Kerala high court made it clear that a Maoist cannot be taken into police custody just because of his political leanings. Justice A M Muhammed Mushtaq, in his order on Friday, said that a Maoist can be arrested and put behind bars only if he or she indulges in unlawful or anti-national activities. “Being a Maoist is no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations,” Justice Mushtaq said in his order.The court was hearing a petition filed by Shyam Balakrishnan of Wayanad stating that he was arrested and harassed by the Thunderbolt team — a special police unit – for alleged Maoist links. The court ordered a compensation of Rs one lakh for the petitioner and also asked to state to pay litigation costs of Rs 10, 000. Continue reading →

One year passed since the abduction-arrest of GN Saibaba by Indian state. With a 90 per cent disability Saibaba is lecturer of English at Ramlal Anand College, Delhi University and he is being deprived of proper medication and care that is needed for his safety and life. In the year he’s been in prison, his physical condition has deteriorated alarmingly. He is in constant, excruciating pain.

But he is denied of bail like many other in India and his ‘crime’ is to speak for the oppressed masses, Adivaisi, Dalits and Muslims.

To know more about him and his case (and many others), read Arundhati Roy’s article at:

The theatrical trailer of COURT, a winner of 17 International awards An Indian reviewer said the film is a “remarkably assured, engrossing study of the power of the law and order machinery to crush protest through delays, deferred hearings and demands for further evidence.” Forbes magazine in India said Chaitanya Tamhane, the director, is “Indian cinema’s new voice of subversion.”

Synopsis:A sewerage worker’s dead body is found inside a manhole in Mumbai. An ageing folk singer is tried in court on charges of abetment of suicide. He is accused of performing an inflammatory song which might have incited the worker to commit the act. As the trial unfolds, the personal lives of the lawyers and the judge involved in the case are observed outside the court.

. . . . . .

A Law Less Majestic

Sanctioned by an archaic law and other draconian legislation, “sedition against the state” is a handy tool to fell voices of dissent

SEDITION — Section 124A, Indian Penal Code, 1860: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.”Punishment: Fine, or imprisonment of three years to life. Shall be punished with 104 (im­prisonment for life), to which fine may be added, or with impris­onment which may extend to three years, to which fine may be added, or with fine.Exception: Criticism, to be determined by the judiciary

UAPA —Unlawful Activities Prevention Act, 1967:Following a constitutional amendment, UAPA was enacted to “impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India, on the (i) freedom of speech and expression (ii) right to assemble peaceably and without arms and (iii) right to form associations or unions”

Punishment: Penalties ranging from five years to life imprisonment along with fines. If the offence leads to loss of life, a death sentence can be awarded. Unlawful associations: Secessionist and terrorist associations; to be determined and notified by ministry of home affairs

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Behind every man who has been labelled ‘seditious’ by the State is a law that goes back 155 years. Section 124A of the Indian Penal Code dates to 1860, three years after the British were rattled by what came to be known as the Sepoy Mutiny. There is also the Unlawful Activities Prevention Act, a handy tool to silence ‘dangerous’ people with ‘dangerous’ ideas. Why, a week before it was held unconstitutional, Samajwadi Party leader and UP cabinet minister Azam Khan used Section 66A of the Information Technology Act to penalise a Class 11 student in Rampur, Uttar Pradesh.

The police are arbitrary and indiscriminate in the use of the sedition law, arresting people even for activities like singing, acting in street plays, reciting poems, painting graffiti on walls, not standing up during the national anthem or for cheering the Pakistani cricket team. These have, of course, usually accompa­nied the more serious charges of sympathising, funding or acting with Maoists or suspected terror organisations.